TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 33

FIREARMS, EXPLOSIVES AND OTHER DEADLY WEAPONS

18-3302J.  Preemption of firearms regulation. (1) The legislature finds that uniform laws regulating firearms are necessary to protect the individual citizen’s right to bear arms guaranteed by amendment 2 of the United States Constitution and section 11, article I of the constitution of the state of Idaho. It is the legislature’s intent to wholly occupy the field of firearms regulation within this state.

(2)  Except as expressly authorized by state statute, no county, city, agency, board or any other political subdivision of this state may adopt or enforce any law, rule, regulation, or ordinance which regulates in any manner the sale, acquisition, transfer, ownership, possession, transportation, carrying or storage of firearms or any element relating to firearms and components thereof, including ammunition.

(3)  A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:

(a)  A person discharging a firearm in the lawful defense of person or persons or property;

(b)  A person discharging a firearm in the course of lawful hunting;

(c)  A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger persons or property;

(d)  A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code; or

(e)  A person discharging a firearm in the course of target shooting on public land if the discharge will not endanger persons or property.

(4)  A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within its boundaries. Ordinances adopted under this subsection may not apply to or affect:

(a)  A person discharging a firearm in the lawful defense of person or persons or property; or

(b)  A person lawfully discharging a firearm on a sport shooting range as defined in section 55-2604, Idaho Code.

(5)  This section shall not be construed to affect:

(a)  The authority of the department of fish and game to make rules or regulations concerning the management of any wildlife of this state, as set forth in section 36-104, Idaho Code; and

(b)  The authority of counties and cities to regulate the location and construction of sport shooting ranges, subject to the limitations contained in chapter 26, title 55, Idaho Code.

(6)  The provisions of this section are hereby declared to be severable. And if any provision is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section.

History:

[18-3302J, added 2008, ch. 304, sec. 2, p. 845; am. 2014, ch. 73, sec. 3, p. 189.]